No. 1/4/2017-Estt.(Pay-I)
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 28th February, 2019

OFFICE MEMORANDUM

Subject:- Restriction of officiating pay under FR 35 in the context of CCS (Revised Pay) Rules, 2016-regarding

The undersigned is directed to state that in terms of the provisions contained in Fundamental Rule 35 (FR 35), the Central Government may fix the pay of an officiating Government servant at an amount less than admissible under the Fundamental Rules. Accordingly, orders have been issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply. In this row, this Department vide OM No. 1/4/2009-Estt(Pay-I) dated 08.03.2010 laid down the ceilings for restriction of basic pay under FR 35 in running pay bands and grade pay system in the 6th CPC scenario.

The question of revising these ceilings after implementation of CCS (RP) Rules, 2016 has been considered by the Government and the President is pleased to decide that the pay under FR 35 shall be restricted in a manner so that the increase in the basic pay of the post held by the Government Servant prior to the officiating appointment shall not exceed 12.5% subject to a maximum of Rs. 6700 per month. Any increase in excess of 12.5% of the basic pay with a further ceiling of Rs. 6700 per month shall be treated as substantial increase for the purposes of FR 35.

In case of appointment on promotion in the normal line within the cadre but which are not on regular basis, initially the pay may also be fixed under relevant rules. After such fixation of pay, if it is found that there is no substantial increase in the pay so fixed as defined in para 2 above, the restriction under FR 35 will not be applied as shown in Illustration 1.

However, after such fixation of pay, if it is found that there is substantial increase in the pay so fixed, the restriction as mentioned in para 2 above will be applied. In that case, after restriction of basic pay if there is no such Cell equal to the amount so arrived after restriction is available in the Level of Pay Matrix of the officiating post, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached, as shown in Illustration 2. The Government servant will earn his annual increment on the basic pay so fixed after imposition of restrictions under FR 35.

However, in the cases where the pay of the officer after imposition of the restrictions in the manner indicated above is fixed at less than the value of the first Cell of the Level of the officiating post, in that case, his pay will be fixed in the Level of post held by him before such officiating appointment. If no such Cell equal to the amount so arrived after restriction is available in the Level of post held by him before such officiating appointment, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached and he will draw his annual increment(s) in that Level of the lower post till he reaches the minimum of the Level of the officiating post. After one year of reaching/surpassing the minimum of the Level of the officiating post, the officer will become entitled to increment in the Level of the officiating post and his pay will be fixed in Cell 2 of the Level of the pay matrix of the officiating post as shown in Illustration 3.

In cases of appointments on promotion in the normal line within the cadre but which are not on regular basis, the pay shall be restricted under FR 35 in the manner given above. However, restriction of officiating pay under FR 35 will not be invoked in respect of regular cadre promotion where the employee who becomes due for promotion falls within the zone of consideration and fulfils all the conditions of eligibility prescribed in the Recruitment Rules for promotion.

The new rates will be applicable with effect from the date an employee draws pay in the revised scale of pay applicable in accordance with Central Civil Services (Revised Pay) Rules, 2016.

In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the office of the Comptroller and Auditor General of India.

Hindi version will follow.

(Rajeev Bahree)
Under Secretary (Pay)
Tele: 23040489

To
All Ministries/ Departments of Government of India.

Annexure to No. 1 /4/2017-Estt.(Pay-I) dated the 28th February, 2019

Illustration 1

An officer was drawing pay of Rs.78500 in Cell 6 of Level 11 before his appointment to officiate in Level 12 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment.

On the date of his officiating appointment, he may be granted one increment (Cell 7 in Level 1 1-Rs.80900) and thereafter, he is to be placed at a cell equal to the figure so arrived (Rs.80900) in the Level 12. Since no such cell equal to Rs. 80900 is available in Level 12, he shall be placed at the next higher cell in that Level [Cell 2 of Level 12- Rs.81200/-]. After such fixation since there is only an increase of amount of Rs.2700 ( Rs. 81200-78500) which is less than 12.5% of the basic pay Rs.78500) of the post held earlier by the officer before such officiating appointment and further limit of Rs.6700/-, there is no substantial increase in the pay so fixed. The restrictions under FR 35 will, therefore, not apply in this case and his pay will be fixed at Rs.81200/- (Cell 2 in Level 12).

Illustration 2

An officer was drawing pay of Rs. 175500 in Cell 13 of Level 13 before his appointment to officiate in Level 14 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment. In this case, his pay is to be fixed in the following manner under FR 35:-

On the date of his officiating appointment, he may be granted one increment (Cell 14 of Level 13- Rs. 180800) in the Level (Level 13) of the post held by him before officiating appointment. Since no cell equal to 180800 is available in Level 14 he shall be placed at the next higher cell in that Level (Rs. 182700- Cell 9 of Level 14). By such fixation of pay, the increase in pay comes to Rs. 7200 (Rs. 182700-175500). Amount of /Increase of Rs.7200 is more than increase of Rs.6700/- permissible under FR 35 and as such this increase shall be treated as substantial increase for the purpose of restriction under FR 35. Thus, his pay is to be fixed at Rs. 182200(175500+6700). However, as no such cell equivalent to the value of Rs. 182200 is available in Level 14, his pay is to be fixed at next Cell in Level 14, i.e. Rs. 182700 (Cell 9 in Level 14) breaching the limit of Rs.6700.

Illustration 3

An officer was drawing pay of Rs.36500 in Cell 2 of Level 6 before his appointment to officiate in Level 7 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment. In this case, his basic pay is to be fixed in the following manner under FR 35:- On the date of his officiating appointment, he may be granted one increment (Cell 3 of Level 6 Rs.37600) in the Level (Level 6) of the post held by him before officiating appointment. However, no cell equal to amount of Rs. 37600 is available in Level 7 as minimum Cell value in Level 7 is Rs.44900 (Cell 1 of Level 7). If his pay is fixed at Rs.44900 (Cell 1 of Level 7) the increase in pay comes to Rs. 8400 (Rs.44900-36500) which is more than increase of Rs.4562.5/- (12.5% of 36500) limit prescribed under this OM. As such this increase shall be treated as substantial increase for the purpose of restriction under FR 35. His basic pay is thus to be fixed at Rs.4 1062.5 (36500+4562.5) in the Level of the post held by him before such officiating appointment i.e. Level 6. Since no such Cell equal to the amount of Rs.41062.5 is available in Level 6, his pay is to be fixed at next Cell in that Level, i.e. Rs.4 1100 (Cell 6 in Level 6) breaching the limit of 12.5%.

Source: DoPT

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F.No.7/7/2008-CS.I(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

Lok Nayak Bhawan, New Delhi
Dated the 3rd January, 2014.

Office Memorandum

Subject : Fixation of Pay of Assistants of CSS in the Revised Pay structure as per the CCS (Revised Pay) Rules, 2008 – Clarification regarding.

The undersigned is directed to say that references are still being received from Ministries/Departments regarding fixation of pay of Assistants in the revised pay structure. In this connection OM of even number dated 22.12.2010, enclosing there with Department of Expenditure UO No.10/1/2009-IC dated 14.12.2009, refers.

Instructions issued by this Department have to be read along with the under mentioned Rules and orders (as clarified, wherever required):

(i) Department of Expenditure’s OM No.1/1/2008-IC dated 30th August, 2008, para 2(ii)

“The tables in Annex-I will be applicable in cases where normal replacement pay scales have been approved by the Government. In cases of upgaradation of posts and merger of pre-revised pay scales, fixation of pay will be done as prescribed in Note 2A and 2B below Rules 7(1) and in the manner indicated in illustrations 4A …..“

(Therefore in the case of Assistants of CSS who have been given the upgraded post, the fixation of pay is to be done as prescribed in Note 2A below Rules 7(1) of CCS(RP) Rules, 2008)

(ii) Note 2A below Rule 7 of CCS(RP) Rules, 2008

“Where a post has been upgraded as a result of the recommendations of the Sixth CPC…. the fixation of pay in the applicable pay band will be done in the manner prescribed in accordance with Clause (A) (i) and (ii) of Rule 7 by multiplying the existing basic pay as on 1.1 .2006 by a factor of 1.86 and rounding the resultant figure to the next multiple of ten. The grade pay corresponding to the upgraded scale will be payable in addition. Illustration 4A in this regard is in the Explanatory memo to these Rules”.

(iii) Rule 11 of CCS (Revised Pay) Rules, 2008

“11. Fixation of pay in the revised pay structure subsequent to the 1st day of January, 2006. – Where a Government servant continues to draw his pay in the existing scale and is brought over to the revised pay structure from a date later that the 1st day of January 2006, his pay from the later date in the revised pay structure shall be fixed in the following manner :-

(i) Pay in the pay band will be fixed by adding the basic pay applicable on the later date, the dearness pay applicable on that date and the pre revised dearness allowance based on rates applicable as on 1.1.2006. This figure will be rounded off to the next multiple of 10 and will then become the pay in the applicable pay band. In addition to this, the grade pay corresponding to the pre-revised pay scale will be payable….”

(The fitment tables given in the Annex-I to the Department of Expenditures OM dated 30.8.2008 are to be used for pay fixation as done on 1.1.2006 only and incase of normal replacement pay scales as per para 2(i) and para 2(u) respectively of the aforesaid OM For fixation of pay in the revised pay structure subsequent to 1.1.2006, the Rule 11 of CCS(RP) Rules, 2008 refers).

2. The issue of fixation of pay with references to the pre-revised pay scale of Rs.7450-11500 and payment of arrears was taken up by Establishment Division of this Department with Department of Expenditure. A clarification dated 10.12.2013 issued by Estt (Pay) is enclosed.

3. It is further clarified that inclusion in the Select List does not ante date the seniority of the officers. However, the Select Lists as specified in this Departments OM No.6/3/2009CS.I(S) dated 9.7.20 10 may be deemed to be effective from 1st July of the year of the Select List, for the purpose of fixation of pay on notional basis only.

sd/-
(Parminder Singh)
Under Secretary to the Government of India

No. 961840/2013-Estt. (Pay-I)
D/o Personnel & Training
Establishment (Pay-I) Section

Vide the U.0. dated the 14th December, 2009, D/o Expenditure had allowed fixation of pay with reference to the pre-revised pay scale of Rs.7450-11500 to those promoted as Assistants / PAs between 1.1.2006 to 31.8.2008. They were, however, not allowed arrears from 1.1.2006 till the date of their promotion, as they had come over to the revised pay on the date of their promotion.

2. Seniors to such promotee Assistants / PAs, however, were subsequently allowed stepping up of their pay with reference to these officials. Such senior officials were also not allowed arrears on the ground that the officials with reference to whom they had got their pay stepped up were also not entitled toso.

3. The issue has been reconsidered in consultation with D/o Expenditure as this amounts to compelling the senior official, who was already serving as Assistant /PA prior to 1.1.2006 and opted for fixation of his pay under revised pay rules from 1.1.2006, to opt for revised pay structure from the date of stepping up with the junior.

4. It is, therefore, clarified that the senior is entitled to arrears of pay from the date he opted to come over to the Revised Pay Scales till the date of stepping up of pay. These will be paid on the basis of pay actually fixed as on 1. 1.2006.

5. The CS Divisions are, therefore, advised to issue a clarification in respect of similarly placed persons in CSS / CSSS.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary (Pay)
December 10, 2013

Source: www.pesmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/pay1.pdf]

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No.1912/2013-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Sub: General Clarification regarding counting of broken spells of ad-hoc promotion for increment – reg.

The undersigned is directed to say that this Department has received references from Ministries / Departments regarding counting of broken spells of ad-hoc promotion for the purpose of increment.

2. The matter has been considered in consultation with Department of Expenditure and it is clarified that the provisions of FR 26 which provide for counting of broken spells in officiation in the higher post for increment, continue to apply for increment under Rule 10 of CCS (RP) Rules. 2008.

3. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

4. Hindi version will follow.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/19_2_2013-Estt-Pay-1.pdf]

The post Dopt Orders – General Clarification regarding counting of broken spells of ad-hoc promotion for increment – reg. appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The post Finmin Order 2013 : Re-exercise of option under Rule 6 of the CSS (RP) Rules, 2008, in case of employees covered under the OM dated 19.3.2012 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.